Publications

Section Newsletter Articles on Environmental Law

New USEPA lead paint renovation rule By Raymond T. Reott Environmental Law, October 2010 Earlier this year the U.S. EPA adopted new rules involving the renovation and repair of pre-1978 structures with suspected lead-based paint.
Who do I have to consult? A look at the Illinois Department of Natural Resources consult process By Lisle A. Stalter Local Government Law, October 2010 A local government-DNR consult can be required for any construction activity, infrastructure (utility, road, sewer) alterations, discharge of pollutants into the air, water or land, re-zoning, and subdivision and development platting.
Illinois adopts green building standards for state projects By Raymond T. Reott Environmental Law, September 2010 The Green Buildings Act, enacted in Illinois in 2009, requires all new state-funded building construction and major renovations of existing facilities to seek clarification under green building standards.
In sites Government Lawyers, September 2010 A list of Web sites that disclose information about property and facilities.
New CERCLA settlement obstacles By Robert Olian Environmental Law, September 2010 A look at the recently decided case of Agere Systems, Inc., et al. v.Advanced Environmental Technology Corporation, et al, which will have a broad-reaching effect on potentially responsible parties.
SEC issues interpretive guidance on climate change disclosure requirements for public companies By Dustin T. Till Business and Securities Law, June 2010 The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
2010 Illinois legislation update as of 4/20/10 By Kyle Rominger Environmental Law, May 2010 Recent legislation affecting environmental law in Illinois.
Clean Water Restoration Act By Jeff Baker Environmental Law, May 2010 The current Clean Water Act extends only to “navigable waters.” But the recently introduced Clean Water Restoration Act would replace the current "navigable waters" language for the broader “waters of the United States.”
Federal lead exposure regulations impact work done on pre-1978 residences and child-occupied facilities By Jennifer J. Sackett Pohlenz Real Estate Law, May 2010 Including regulated substances like lead and asbestos in your pre-work planning can ultimately make for a smoother and more economical project.
SEC issues interpretive guidance on climate change disclosure requirements for public companies By Dustin T. Till Environmental Law, May 2010 The SEC has published a new interpretive document intended to inform public companies of their obligation to disclose to investors the impacts on their businesses—both positive and negative—of existing and proposed climate change laws and regulations.
What the local government attorney should know about Illinois environmental laws By Lisle A. Stalter Local Government Law, May 2010 An overview of the environmental laws that impact a local government lawyer.
Environmental cleanup claims survive bankruptcy: US v. Apex Oil Co., Inc. By Raymond T. Reott and Becky J. Schanz Commercial Banking, Collections, and Bankruptcy, March 2010 Courts have issued conflicting opinions on whether claims for injunctions ordering the cleanup of environmental contamination are discharged in a bankruptcy proceeding.
2009 spring legislative session Environmental Law, January 2010 Illinois House and Senate Bills related to Environmental Law
Is your remediation green enough? By John Van Vranken Environmental Law, January 2010 It is self-evident that remediation of environmental contamination benefits the environment. But is the remediation itself green enough? This is a hot topic for federal and state regulators and is affecting how remediations are actually conducted.
Vapor intrusion rulemaking stayed By Raymond T. Reott Environmental Law, January 2010 The Illinois Pollution Control Board has stayed the long-anticipated vapor intrusion rulemaking.
A green economy: What does corporate counsel need to know? By E. Lynn Grayson Corporate Law Departments, December 2009 A media buzz surrounds the politically charged concept of developing a green economy by investing in initiatives that are good for the environment and financially beneficial for business
Making business sense of building green in the Midwest By Christina Spicer Business Advice and Financial Planning, December 2009 Over the past couple of years, there has been a lot of talk about green buildings and the high costs associated with building to green standards.
2009 spring legislative session environmental bills Environmental Law, October 2009 Here are the highlights on environmental bills passed during the Spring 2009 Session of the General Assembly.
Environmental cleanup claims survive bankruptcy: US v. Apex Oil Co., Inc. By Raymond T. Reott and Becky J. Schanz Environmental Law, October 2009 In general, once a company files for reorganization under the federal bankruptcy laws and is reorganized, old creditors may not pursue debts arising before the reorganization.
Encased asbestos: Dangerous or safe? By Becky J. Schanz Environmental Law, April 2009 A recent Seventh Circuit opinion addressed a seller’s potential liability for asbestos that remains within a building after it is sold.
Indoor air inhalation update By Raymond T. Reott Environmental Law, February 2009 The Illinois EPA has submitted a proposal to the Illinois Pollution Control Board to add an indoor inhalation pathway to the Illinois cleanup objectives.
Legislative update By Kyle Rominger Environmental Law, February 2009 An overview of environmental legislation signed into law in 2008.
Management of urban soils as “Clean construction and demolition debris” By Joseph R. Podlewski, Jr. Environmental Law, February 2009 For several years those engaged in redevelopment of urban sites in Illinois have advocated the classification of soils containing contaminants (particularly lead and polynuclear aromatic hydrocarbons, or PNAs) within area background concentrations as “Clean Construction and Demotion Debris,” or “CCDD.”
Phase I Environmental Site Assessments: The familiar stranger By Phillip R. Van Ness Real Estate Law, February 2009 An attorney charged with guiding his or her Illinois client through a Phase I doesn’t have to understand the science behind it (although that surely won’t hurt). But he or she does have to know whether the Phase I at least prima facie appears to comport with the essential elements of a valid Phase I. At this point, it may be advisable to secure the services of an environmental lawyer, but even a non-technically trained lawyer can put together a checklist that greatly increases the odds that the client will have a Phase I it can rely on.  
Illinois EPA submits indoor air quality proposal Environmental Law, December 2008 As has been discussed for some time, Illinois EPA recently submitted a proposed rulemaking to the Illinois Pollution Control Board on the topic of adding indoor air quality limitations to the Tiered Approach to Corrective Action Objectives (“TACO”) system.
Is there a private cause of action under the Illinois Environmental Protection Act? A curious history of an interesting issue By John L. Leonard Environmental Law, December 2008 Recent state and federal cases say no, there is no private cause of action under the IEPA.
Legislative update By Kyle Rominger Environmental Law, September 2008 The following is a brief review of environmental-related legislation signed into law in 2007.  
Regulatory developments in 2007 By Monica Rios Environmental Law, September 2008 The Illinois Pollution Control Board (“Board”) was created by the Illinois Environmental Protection Act (“Act”) and is responsible under that Act for adopting many of the environmental regulations at force in the State of Illinois.
Reporting radioactive releases under the Environmental Protection Act By John VanVranken Environmental Law, September 2008 In 2005 and 2006, there were numerous press reports concerning releases of radioactive tritium from the Braidwood Nuclear Power Plant and from other nuclear power plants in Illinois.
Discarded materials revisited: A case review of Northern Illinois Service Company v. Illinois Environmental Protection Agency By Lisle A. Stalter Environmental Law, May 2008 We all knew that it would not be too long before a case came along looking at the Alternate Fuels opinion and its impact and implications on what constitutes waste and discarded materials.